MacKinnon Boiler & Machine Co. v. Central Michigan Land Co.
Michigan Supreme Court
Error to Bay; Collins, J. Assumpsit by the MacKinnon Boiler & Machine Company against the Central Michigan Land Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. The defendant is the owner of a large tract of land in Ogemaw and Roscommon counties. It became interested in the production of turpentine through a process known as the “destructive distillation of wood.”
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Error to Bay; Collins, J. Assumpsit by the MacKinnon Boiler & Machine Company against the Central Michigan Land Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. The defendant is the owner of a large tract of land in Ogemaw and Roscommon counties. It became interested in the production of turpentine through a process known as the “destructive distillation of wood.” The pine stumps were utilized for this purpose. ■ One Mr. Coon had a small plant at Roscommon. He and one Dr. Thomas, representing the defendant, consulted an engineer, Mr. Lumgear,…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. Without objection the agents of the respective parties who made this, contract for their principals were all permitted to state fully the negotiations, conversations, and parol understandings or agreements as to the construction of the retorts, etc., specified in the contract. The court was requested by the defendant to instruct the jury that the word “retort,” specified in the contract, meant a gas-tight vessel, and that parol evidence showing that a different retort was agreed upon was incompetent, and that the contract was made with reference to such a…
2Cases cited5 opinions
- Windsor v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- John Hutchison Manufacturing Co. v. PinchMichigan Supreme Court · 1895
- Brown v. HarrisMichigan Supreme Court · 1905
- Preston National Bank v. George T. Smith Middlings Purifier Co.Michigan Supreme Court · 1894
- Liggett Spring & Axle Co. v. Michigan Buggy Co.Michigan Supreme Court · 1895
3Cited by3 opinions
- Sturges v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1911
- Nelson v. Leszczynski-Clark Co.Michigan Supreme Court · 1913
- Godfrey Conveyor Co. v. Port Huron Storage & Bean Co.Michigan Supreme Court · 1923